Judge won't stop Luzerne juvenile records destruction

By Coulter Jones (Staff Writer)
Published: July 3, 2009

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A federal judge refused to block the destruction of juvenile records for hundreds of people jailed in the Luzerne County kids-for-cash scandal, saying a federal judge cannot intervene in a state court proceeding.

Attorneys on both sides of the juvenile scandal asked U.S. District Judge A. Richard Caputo to step in to prevent the destruction of records, which they fear will happen once a state Supreme Court-mandated review of the cases are completed.

Judge Caputo ruled Thursday he cannot intervene in the matter because of the separation between state and federal courts.

More than 350 juveniles and parents are seeking damages from disgraced former Judge Mark A. Ciavarella Jr. and other defendants in three civil rights suits filed in U.S. District Court in Scranton. The documents are "essential" to the suits filed by juveniles who believe they were wrongly sentenced to a juvenile detention center because Mr. Ciavarella received kickbacks from the owners.

The files would be needed for the individuals filing the lawsuits against Mr. Ciavarella and for his defense, attorneys argued during a hearing in June. Judge Caputo discussed the issue of federalism during that hearing. By not following the state Supreme Court's decision, should the records be destroyed by its order, Judge Caputo would "disrupt the delicate balance necessitated in our system of federalism," he wrote in the seven-page ruling.

Berks County Judge Arthur E. Grim is reviewing more than 6,000 juvenile cases handled by Mr. Ciavarella between 2003 and 2008. The state Supreme Court authorized Judge Grim to expunge records of juveniles sentenced by Mr. Ciavarella for relatively minor offenses, an estimated 800 cases.

MICHAEL R. SISAK, staff writer, contributed to this report.

Contact the writer: cjones@citizensvoice.com

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The sad part is that these "poor kids" were arrested for committing crimes, and now because of these crooked judges their crimes are being erased. Anyone who things these little criminals are innocent needs their heads examined.

The fact that the judges are crooked doesn't change the fact that these kids are rotten seeds.

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enough!, 07/04/09 11:03

Mary, one day we all have to answer to a higher authority, I totally agree. What sickens me this day is this...Our country holds dear a democratic process; so much so we have been involved and started wars in its defense. We hold a belief in the integrity and rights of all people that promotes ideals of equal participation and access for individuals and groups. There is a stability of rights, such as choice, equitable opportunity and appeal to law and due processes when we have discrepancies. The bedrock that makes this all work is a system of checks and balances, when one part of the system is broken the other takes over. This ruling leaves the rights of due processes in the hands of the broken part of the system. It is un-American. Judge Caputo had legal precedence available to him to rule in several ways and chose to allow the broken part of the system to persist, plain and simple. Why, is the question we should be asking. These records afford an intimate insight into the broken part of the system, the driving forces behind the decision making processes of corrupt judges and a court system, how to prevent it from happening again. We have a right to participate yet the real truth will only be seen by a select few. We have left the responsibility and obligation to make our system work better in the hands of those who have abused it. This is the secret society hard at work - it’s un-American.

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JJ James, 07/04/09 09:57

You make excellent points, JJ. The corruption is absolutely astounding, and I believe it permeates the judicial and political systems so deeply that it may never be stopped.
Keep in mind that those who choose a life of deception and corruption, while continuing to snub their noses at the straight and narrow, will eventually be exposed. For some, accountability may not happen in this lifetime, but in what awaits in the hereafter. Each one of us will be held accountable if we choose greed, lust of power, love of money, and total disregard for our fellow man. It seems to me that too many are living their lives on the "fly now and pay later" plan. It's all about choices.
I can only hope that Caputo, or someone of good conscience, will step forward and prevent those records from being destroyed. Their destruction will only add insult to injury for the thousands of teens and families that were affected by Ciavarella's alleged scheme. It would be helpful if another judge, or two, be assigned to help Judge Grim?

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Mary, 07/04/09 12:08

It becomes more and more difficult to respect the courts, law enforcement personnel and the judicial system in general as these facts are brought to light.

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alarmed, 07/03/09 05:03

In the Godfather III: Michael Corleone, said something to the effect "The higher up I go the more corrupt it gets." What has happened here is equally as outrageous as putting away these kids without cause. Let' see, first a shameless pitiful county employee gets caught tampering with these records and now the court put in charge of implementing much needed justice has found a way to legally destroy evidence via archaic definitions in the law. A seven page ruling treading a fine line in describing "the delicate balance necessitated in our system of federalism" if so delicate, could easily have been viewed in favor of these kids. In fact, it would have been proper and consistent with what is maintained everyday in our modern day government. Instead Judge Caputo chose to apply a definition of Dual federalism last popular prior to the 1930’s which says that federal and state governments are co-equals allowing both to co-exist seperately. This is very rarely applied in our times having been replaced by cooperative federalism, which asserts that the national government is supreme over the states. Almost all of the United States' branches of government operate under the presumption of a cooperative federalism with exception of the U.S. District Court in Scranton. This judge had to go far out of his way to for not wanting to stop the destruction of critical evidence that may well very be essential in further supporting the civil claims by these kids against corrupt agents of the system. What does it say when a judge has to dig a hole to China to find a way to protect his brethren? Where does it stop with these people?

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JJ James, 07/03/09 11:35

6,000 cases and one judge is reviewing them?
And 800 cases are minor offenses?
The system did not work for all 6,000 cases.
everyone one of those children got burnt no matter how you see it.

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Dan, 07/03/09 08:39

Judge won't stop Luzerne juvenile records destruction

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